YEM – You’re Energy Manager Terms of Use

These Terms and Conditions are entered into by and between Energy Digital Platform Services SASU , a French société par actions simplifiée with its registered office at 14-16 rue Touzet Gaillard 93400 Saint-Ouen , France, registered with the Trade and Companies Register of Bobigny under number 849 069 471 (hereinafter referred to as the “Provider”), and the entity accepting these Terms and Conditions (hereinafter referred to as the “Customer”). Customer and Provider are referred to herein individually as a “Party” and together as the “Parties”.

These Terms and Conditions shall be deemed accepted by Customer upon first access to the Platform (as defined below) by any of its Users (as defined below). Any User using the Platform warrants that it has full power and authority to bind the Customer to the Terms and Conditions.

The Provider reserved the right to change these Terms and Conditions at any time without notice. The Customer and its Users are therefore advised to regularly reviewing these Terms and Conditions. Continued use of the Platform shall constitute an acceptance of any modified Terms and Conditions.

Section 1. Definition

In these Terms and Conditions , the following words and expressions shall have the following meanings:

Data Protection Law” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “GDPR”), and all relevant local laws relating to the protection of personal data.

Provider Content” means any content and materials, including images, data, information, knowledge, charts or presentations made available by the Provider to the Customer on the Platform.

Platform” means the “You’re energy manager (Yem)” platform, owned and operated by the Provider, including all its functionalities and any and all updates and upgrades thereto, available on the web site YEM  (or any other website mentioned by the Provider from time to time), including the Platform Content.

Terms and Conditions” means these terms of use of the Platform, accepted by the Users and Customers by accessing the Platform.

Users” means all users within the Customer’s organization accessing the Platform

Section 2. Purpose

LorThese Terms and Conditions sets out the terms and conditions under which the Customer is entitled to access the Platform.

Section 3. Obligations of the Customer

3.1 Use of the Service. The Customer is responsible for the use of the Platform, including by its Users, in compliance with the provisions of these Terms and Conditions. In this regard, the Customer shall: notify the Provider immediately of, and stop promptly any unauthorized use, copying, or distribution of the Platform that is known or suspected by the Provider or other Users.

3.2 Restrictions. Unless expressly set forth herein, the Customer undertakes not to (a) license, sublicense, sell, transfer, assign, distribute or otherwise make the Platform or Service available or to reproduce or otherwise distribute the Provider Content in whole or in part to any third party, other than Users as authorized under these Terms and Conditions; (b) modify, adapt, or hack the Platform or otherwise attempt to gain unauthorized access to the Platform or related systems or networks; (c) use the Platform and/or the Service to send unsolicited or unauthorized bulk mail, junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (d) use the Platform in any manner that interferes with, or disrupts the integrity or performance of the Service and its components; (e) attempt to decompile, reverse engineer, reverse assemble or otherwise discover the source code of any software making up the Platform; (f) use the Platform to post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software, (g) use such Provider Content or any part thereof which is not publicly available in the creation or distribution of any derivative work; or (h) use the Platform in breach of these Terms and Conditions.

Section 4. Obligations of the Provider

4.1 Provision of the Service. The Provider makes the Platform available to the Customer free of charge, subject to compliance with these Terms and Conditions ,. The Provider may make any changes, including updates and upgrades, to the Service and/or Platform from time to time, without notice to the Customer.

4.2 License. The Provider grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Platform and receive the Platform Content, subject to the terms of these Terms and Conditions and in particular the restrictions set forth in Section 3.2.

Section 5. Suspension

The Provider reserves the right to temporarily suspend the access to and use of the Platform at its full discretion, e.g. without being limited to: (a) during planned downtime for maintenance to the Service and of which the Provider will endeavour to notify the Customer in advance through the Platform; or (b) during any unavailability caused by force majeure events, as set forth below; or (c) if the Provider detects or suspects any security threat related to the Customer’s and/or Users’ use and/or access to the Platform. In any case, the Provider will make commercially reasonable efforts to minimize the duration and impact of any such suspension to the minimum extent and for the minimum duration required to prevent or resolve the incident giving rise to suspension.

Section 6. Provider content disclaimer

6.1 General

As a User or Customer of the Platform, you acknowledge that you have the necessary skills and means to access and use this Platform.

The information on the Platform is provided “as seen”, without guarantee of any kind, whether implied or explicit with regard to the relevance, continuity, accuracy, absence of errors, veracity, timeliness, fair and commercial nature, quality, validity and availability of the Platform and/or the Provider Content. Each Customer or User shall be fully responsible for the risks incurred by assessing and giving credence to this information. Incorrect information or omissions may be encountered arising from typographical or formatting errors. If you find any such errors, please inform us so that we can make the relevant corrections.

The Provider may occasionally shut down its Platform for maintenance purposes and is not responsible for delays, operating problems or incompatibility between the Platform and files, your browser or any other program used for access to the Platform.

Under no circumstance the Provider may be held liable for any material or consequential damage (including but not limited to technical failure, disclosure of confidential documents and data loss), or for any other indirect damage, arising from or associated with the use of the Platform. The Provider may under no circumstances be held liable for any direct or indirect damage resulting from or subsequent to third-party distribution of a virus by means of our Platform, which may infect your computer system following connection to this Platform, use of this Platform or browsing on this Platform.

6.2 Energy market research information

Research produced by the Provider is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use would be unlawful. It is your responsibility to ascertain the terms of access and usage of the contents of research comply with the local laws and regulations that you are subject to.

Research produced by the Provider is non-independent research and a marketing communication. It has not been prepared in accordance with legal requirements designed to promote the independence of research and is not subject to any prohibition on dealing ahead of the dissemination of investment research. The Provider has policies in place to manage the conflicts of interests which may arise around the production of research.

Our analysts have not been, nor are or will be, receiving direct or indirect compensation in exchange for expressing any of the views or the specific recommendation contained in our reports, and confirm that none of the compensation of our analysts was, is or will be, directly or indirectly, related to the specific recommendations or views expressed in our reports.

None of the research is intended to constitute any offer or solicitation to buy or sell any product or financial instrument, to make any investment, or to participate in any particular trading strategy. This information is produced only for value added marketing and/or informational purposes and no member of the Provider makes any representation or warranty, and assumes no liability, for the accuracy or completeness of the information provided herein.

The Provider has not taken into account the investment objectives, special investment goals, financial situation, and specific needs and demands of any recipient and nothing herein is intended as a recommendation for any recipient to invest or divest in a particular manner. No member of the Provider’s group assumes any liability for any recipient sustaining a loss from trading in accordance with a perceived recommendation.

The prices of the investments referred to in this research and the related income from them may go down as well as up and investors may realise losses on them. Neither past performance nor forecasts are a reliable indicator of future results. Neither the Provider nor any of its employees or agents shall have any liability, howsoever arising, for any error, inaccuracy or incompleteness of fact or opinion in it or lack of care in its preparation or publication.

Section 7. Data Protection & cookies

In order to meet the Users’ needs while they are browsing the Platform, the Provider may collect personal information about them, which is processed by electronic methods (some information, which is marked with an asterisk, is mandatory) in compliance with Data Protection Law.

Each User is responsible for checking that the information that provided through the Platform is accurate and complete. So that we can deal with your requests correctly, please inform us immediately of any change to the information provided.

The information collected is exclusively for the use of the Provider, which is authorised by these Terms of use, unless opposed by a User for legitimate reasons, to store and use them in order to inform Users about the Provider’s products and services.

A User can oppose the use of data about them for canvassing purposes, at no cost to exercise a right to access, correct and dispute personal information, please contact us.

The Platform is not intended to receive any confidential information which a User or the Customer may submit. Consequently, and with the exception of the personal data outlined above, any information (documents, data, graphics, questions, suggestions, concepts, remarks or other) which communicated on the Platform will in no way be deemed confidential. As a result, a decision to communicate that information to us entitles us to use, reproduce, post, modify or forward it, in order to process a request.

When logging on to the Platform, Users may be informed that a cookie will automatically be installed on their browser software. This is a block of data that is not used for identification purposes but for recording information about their browsing on the Platform. It is used to analyse activity, measure interest, etc., and otherwise to improve the quality of the Platform.

Users can set their browser software to inform them of the presence of a cookie and to refuse it if they wish. The method is varies from one browser to another.

Section 8. Support

In the event of issues linked to the Customer’s use of the Platform, its Users may contact the Provider’s support team via the following e-mail address: [INSERT MAIL ADDRESS]

The Provider shall make its reasonable efforts to assist such Users in resolving the issues they encounter in using the Platform.

Section 9. Advertising and Publicity

The Provider shall be authorized to refer to the Customer directly or indirectly in any internal advertisement, news release, or publication within the Provider’s organisation.

The Provider shall be authorized to refer to the Customer directly or indirectly in any public advertisement, news release, or publication, provided that the Provider shall first notify the Customer of its intent to do so, and that the Customer does not oppose such reference within a period of eight (8) days as from the concerned notification.

Section 10. Severability

In the event that any provision of these Terms and Conditions becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of these Terms and Conditions shall continue in full force. In such case, the Parties shall promptly replace such void or unenforceable provision with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.

Section 11. Waiver

The failure of the Provider to enforce strict performance of any of the provisions of these Terms and Conditions or to exercise any rights or remedies under these Terms and Conditions shall not be construed as a waiver of the Provider’s right to assert or rely upon any such provision, right or remedy.

Section 12. Notices

Except as provided otherwise in these Terms and Conditions any notice to the Provider must be sent  by written communication to: YEM-You’re Energy Manager, Email : info@yem-energy.com.

Section 13. Governing law and exclusive jurisdiction

These Terms and Conditions and any dispute or claim arising out of, or in connection with it will be governed, construed and enforced in all respects in accordance with the laws of France, irrespective of conflict of laws rules. Any controversy or claim arising out of, or related to these Terms and Conditions shall be brought exclusively before the commercial Court of Paris, should the Parties fail to resolve any such controversy or claim amicably.